Chapter 3: Administrative Procedures
Anchor: #CIHIJBECSection 1: Approval Process for Local Guidelines
Anchor: #LGPHKMEGOverview
Municipalities, upon request, may use their own access management guidelines to determine appropriate access connection locations. Local access management guidelines will then apply to all or part, as stated in the guidelines, of the state highway system within that municipal jurisdiction, except where the Department controls the access. The local access management guidelines or plans should be based on sound engineering practices and accepted access management principles. There are two approaches for municipalities to apply their local access management plans or guidelines to state highways within that municipal jurisdiction.
Anchor: #i998803Application Local Access Management Plans (TxDOT as Permitting Authority)
TxDOT will apply a local access management plan when the municipality provides in writing its local access management plan to the local TxDOT district office with an indication of its desire that the plan be applied within its jurisdiction and an implementation date. TxDOT will implement any subsequent changes to the local access management plan when the municipality submits the changes to TxDOT with a proposed implementation date for the changes. The approval of the design and engineering of the access location will be handled by TxDOT. TxDOT will issue the access location permits.
Anchor: #i998833Application Local Access Management Plans (Municipality as Permitting Authority)
A municipality that desires to undertake the access permitting process on highways on the state highway system within their jurisdiction shall submit in writing its proposed permitting procedures and an implementation date to TxDOT. If TxDOT determines that the proposed procedures adequately address the engineering and design of access locations as described in this manual in Chapter 3, Section 1, Engineering Access Locations, TxDOT will transfer to the municipality the access permitting function within the municipality's jurisdiction. The municipality will then issue the access permits. The municipality shall submit to the Department a copy of each approved access permit on the state highway system within ten working days of its approval and prior to initiation of any access construction on the state highway system. The contractor installing the access connection shall have a copy of the permit at the site.A municipality may also choose to adopt the Department's guidelines as their own and retain access connection location permit authority. Access location permit authority may be transferred to the municipality by letter from the TxDOT District Engineer and then, at the next opportunity, incorporated into the municipal maintenance agreement between TxDOT and the participating authority. For example, if a city actively applies its subdivision regulations within its extraterritorial jurisdiction (ETJ), the municipal maintenance agreement may also extend the municipality's access permitting authority to the ETJ rather than the corporate limits.
Anchor: #i998875Assumption of Permitting Function Optional
Municipalities are not required to take over the access permitting function for state highways within their jurisdictions.
Anchor: #i998905Engineering Access Locations
Granting location permit authority to municipalities does not preclude the need to properly engineer access locations. Any impacts to drainage or hydraulics on highways on the state highway system resulting from access connections must be coordinated with TxDOT prior to any local access approval. Issuance of access permits must address driveway geometrics, utility location/relocation, compliance with the Americans with Disabilities Act (ADA) and Texas Accessibility Standards (TAS), environmental requirements, wetland considerations if appropriate, and all other applicable state and federal laws, rules, and regulations.
Anchor: #i998935Deviation Process (Municipality as Permitting Authority)
Any deviation or variance from the municipality's access criteria shall be handled by the appropriate local appeals procedure (which shall be determined by the municipality). While the municipality will approve/disapprove individual deviations or variances to the local access management plans or guidelines, the deviation or variance must be coordinated with TxDOT prior to resolution of the deviation or variance request to evaluate impacts to the state highway system.
Anchor: #i998965Submission of Local Access Management Plans
Once the TxDOT District has transferred to the municipality the access permitting function within the municipal jurisdiction, a copy of the local access management plan and implementation date will be sent to the Design Division for record purposes. Also, when TxDOT will be the permitting authority and apply a local access management plan within a municipal jurisdiction, a copy of that local access management plan and implementation date will be sent to the Design Division.
Subsequent changes or updates to local access management plans and new implementation dates will be sent to the Design Division for record purposes.
The Design Division can be consulted on local access management plan development or implementation at the TxDOT District's request.